Narendra Bahadur Singh v. State of U.P. Thru. Addl. Chief Secy., Revenue Deptt., Lucknow and 3 Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5569 of 2023 Petitioner :- Narendra Bahadur Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy., Revenue Deptt., Lucknow And 3 Others Counsel for Petitioner :- Jay Prakash Singh Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. In view of order proposed to be passed, issuance of notice to the private-respondents is hereby dispensed with. By means of this petition, the petitioner seeks expeditious disposal of recall application dated 09.11.2021 preferred in Case No. RST/5102/2021, Computerized Case No. T2021042305102 (Ram Sajan vs. Munnilal), filed under Section 34 of the U.P. Revenue Code, 2006, which is pending before the respondent No. 2/Tehsildar (Judicial), Tehsil Sadar, District Ayodhya. Taking note of the fact that the petitioner is a senior citizen aged about 75 years and the case/application, in issue, is pending since November, 2021 and initially the case decided on 16.07.2021, was instituted under Section 34 of U.P. Revenue Code, 2006 (in short "Code of 2006") and mutation proceedings are summary in nature and being so, the same ought to have been decided expeditiously, the present petition is disposed of with a direction to the respondent No. 2 to consider and decide the recall application dated 09.11.2021 preferred in Case No. RST/5102/2021, Computerized Case No. T2021042305102 (Ram Sajan vs. Munnilal) most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting any adjournment to either party preferably within a period of three months from the next date fixed in the case, if there is no other legal impediment in this regard. It is made clear that the Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 1.11.2023 Arun/- High Court of Judicature at Allahabad, Lucknow Bench